Civil Procedure Code, 1908, Order 6, Rule 17, Hindu Marriage Act, 1955, Section 13 -- Divorce petition - Amendment of written statement to set up plea of restitution of conjugal rights - Such plea was in knowledge of husband but same was not set up for the last 10 years - Amendment sought when case was fixed for final hearing - Application for amendment filed just to delay..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife in her written statement as also in Court statement levelled some allegations of her husband having illicit relations with his sister-in-law as well as with one `T' - However, such allegations were not proved by any oral or documentary evidence - Wife herself admitted that she has..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Allegation of slander by husband not proved - Husband on question asked in cross examination stated name of three persons with whom wife was talking over phone and chatting with three of his colleagues - It does not constitute leveling of an allegation on record as made with deliberation..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Grave allegations in written statement not proved - Such conduct of wife constitutes grave mental cruelty against husband - Divorce granted to husband...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Petition by wife - Serious and scandalous allegations of character assassination were made by husband against father of wife in his written statement, which have not been substantiated by him in his evidence - Husband has treated and continues to treat, wife's family with disdain - This conduct of..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Words used in written statement cannot be taken as a ground of divorce, as grounds of divorce have to be set out in plaint itself and must be available to petitioner at the time of filing of divorce petition...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Allegation that statement of wife in her written statement as well as evidence before trial Court amounts to mental cruelty - However, it is evident that statement made by wife is in retaliation to allegation thrust upon her by husband - It was husband who filed suit for divorce on a vague..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement to divorce petition - Facts sought by way of amendment by husband cannot be said to be not within his knowledge at the time of filing of written statement - Cross-examination is already commenced - Application for amendment is filed mainly to delay disposal of divorce suit - Rejection of..........
Hindu Marriage Act, 1955, Section 13(1)(i) -- Divorce - Adultery - Petition by husband - Husband alleges that on the first night after their marriage wife stated that she was having love affairs with someone else before her marriage and her marriage was solemnized by her parents forcibly and that she was compelled to do so - However, wife denied such fact in her written..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Allegation of illicit relations and love affairs of husband raised by wife in her written statement - Wife did not lead any evidence on this aspect - Allegations amount to cruelty even when such plea is not taken in the divorce petition but such allegations are made by wife in her written statement...........
